Browsing All posts tagged under »Fifth Amendment«

Invoking the Fifth Amendment Protection against Self-Incrimination in “Domestic Violence” Cases

March 25, 2015


In “How the Fifth Amendment Impacts Family Court in Domestic Violence Cases” (2013), family attorney Tracy Duell-Cazes offers the following counsel against self-incrimination (it’s directed to Californians but may be applicable generally): To make this easier to read, I will use Respondent when referring to the person who is accused of committing a domestic violence […]

Mocking the Constitution for 35 Years: A Summary of Defendants’ Due Process Rights under the American Charter and How Restraining Orders Treat Them Contemptuously

June 15, 2014


I’ve written before about “due process,” a constitutional privilege that’s universally denied to restraining order defendants. Recently I was contacted by an intelligent 17-year-old girl who wanted to know what her rights were under the law. She didn’t stand accused of anything. Rather her adult boyfriend had been issued a mandatory (criminal) restraining order in […]